The company that runs the bar that inspired the TV show "Cheers" has lost its lawsuit to seek a break in COVID-19.
As with other cases, the U.S. District Court in Boston denied coverage to Boston-based Hampshire House Corp. in disputes it brought against Allianz SE units on the grounds that it had not alleged "direct physical loss of or damage to property" at its four locations, according to the judgment of 26 August Hampshire House Corp. v. Fireman & # 39; s Fund Insurance Co. et al.
Hampshire's locations include Cheers Restaurant on Beacon Hill in Boston, which, when operating under its former name Bull & Finch Bar, inspired the television series, according to the bar's website.
To state a claim under its policy provisions for business income and additional expenses. Hampshire must claim "direct physical loss of or damage to property" at its four locations, the ruling said.
"The court must first consider the simple meaning of the policy language," it said. "There must be a 'physical' loss or damage to a material object, such as the structure of a building," it said.
Massachusetts courts have adopted that interpretation when considering insurance compensation for losses due to the COVID-19 pandemic, the ruling said, citing decisions including the March ruling in Legal Sea Foods, LLC v. Strathmore Ins. Co., said the decision.
"Hampshire claims that either the actual presence of COVID-19 on their property or the threat of COVID-19" caused loss or damage to its property, but "" presumed or imminent threat of contamination "has no physical impact on the property" , it was stated in its decision that granted the insurance company's motion to dismiss the case.
A lawyer in Hampshire said the company planned to appeal. Allianz's lawyers did not respond to requests for comment.
Earlier this week, in what is apparently the third federal appellate court in the matter, the 11th U.S. District Court in Atlanta ruled a dentist in a COVID-19 lawsuit.